Having my name taken off a mortgage

Dup

Dup

Dup

Soldato
Joined
10 Mar 2006
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11,440
Location
East Lancs
Righto, I realise getting legal advise is the first port of call which I am going to look into via family and friends before trying to find someone on my own, however I'd like some insight if possible from anyone who may have been the same boat before.

The sort and sweet version of this tale is basically three months ago I discovered my partner was cheating (for at least the second time) and making a good effort to do so. We had been living in a mortgaged properly together for 3 years and had been together for 5. After having to painfully extract the truth from her after she ran away for a week we decided that it was properly over and that moving out and selling the place on was the way forward so I called up my parents and I moved back in with them and left her in the house packing her stuff.

In the end she never moved out as she couldn't face her parents and has continued living there whilst I have still been paying the mortgage from my account and she has paid her share to me. She expressed an interest in taking over the mortgage and so we got the paperwork to have it put into her name alone which means going through an approval process on her own with the building society. This has now been in process for over 2 months now.

Yesterday, on my 25th birthday, she saw an advert for some items I was selling and emailed me with a petty request for bits she gave me as a gift. I was really amused by this and turned up at the house I hadn't set foot in for weeks to collect all the stuff I had given to her in exchange. Obviously that was never going to go down well and she tried to manhandle me out of the house shortly followed by her 19 year old boyfriend who has been living there without my permission rent free threatning me and trying to pick a fight. I walked away empty handed and took my fuinstrations on a wall instead.

Anyway, it's clear my mum was right about her not being too bright and I'm now being forced out of what is effectively my own home. I want nothing to do with the house and I just want to see the back of it. I'm not bothered about the little to nothing equity (probably even negative right now) so I do not see how I should be paying for anything.

Apart from hurrying the building society, what else can I do? The option I see is to get my monies worth and move back in, but no doubt her new boyfriend might not take too kindly to that and try and start something again. I'm not scared of that but it's hardly worth the hassle an no doubt Police time would be wasted in the process. I;ve given her 3 months to sort out her affairs and she's promised to sort it out but after last night it's clear she's just taking advantige of my better nature. Anyone out there with some good advice or experience?
 
Why did you move out and not kick her out, forcing her to face her parents might make her grow up instead of her carrying on like she is.
 
I don't know how to solve the original question, but I wonder if it might be worth asking a police-person to escort you back to your house so you can get everything you want out in one go. No hassle, sorted in one hit, then you can sort everything else out about the property without having to go anywhere near it.

Terrible situation mate, I hope you get it sorted out.
 
Dup said:
Anyway, it's clear my mum was right about her not being too bright
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She has your house and your stuff and she's stupid?

I can't imagine you can walk away from it - it would be a default. Of course if you can put up with having a credit rating through the floor for the next however many years defaulting would be a good solution.

Your best bet is to force a sale, speak to a solicitor. Do you think she has the financial clout to get a mortgage on her own?

Citizens advice would also be worth a call, but really just get legal advice first thing in the morning, anyone will be better than nothing.
 
You can sort the mortgage account quite simply by taking your name off of the loan (whoever it is with). However, your partner will be scored for her ability to pay the mortgage in her own right.

When it comes to the deeds, you can't simply take your name off the deeds as you have legal right to the property. It will be valued, etc and it gets messy unless you explicitly tell your legal team you have no interest in the property.
 
I assume your not just signing the house into her sole possession? and that she if going to pay you half the value of the house, effectively buying you out, right?

not been in this situation myself but no there is not much more you can do until this is legally sorted by the building society AFAIK. with regards to moving back in, I would!! im not sure where you legally stand with the boyfriend considdering he has been invitd by your ex who also ons the house but worth a punt, call police, tell them he s being threatening and they will remove him and possibly (most likely) stop him from returning. thats what i would do but im confrontational like that.

edit: just read an earlier post - forcing a sale would be a great option, spiteful but great. Also my experience is that when you finally get an appointment with CAB they know nothing about housing law/disputes and give the same advice as everyone else, find a soliciter!
 
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Lucero said:
You can sort the mortgage account quite simply by taking your name off of the loan (whoever it is with). However, your partner will be scored for her ability to pay the mortgage in her own right.

When it comes to the deeds, you can't simply take your name off the deeds as you have legal right to the property. It will be valued, etc and it gets messy unless you explicitly tell your legal team you have no interest in the property.
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AFAIK you cannot just "take your name off the account" - this would require a remortgage in his girlfriends name and would require going through the appropriate procedure.

Its akin to the myth that you can "hand the keys back" to the bank - you cannot. You are liable for paying the mortgage until the property is sold, and once sold you are liable for any shortfall between the outstanding mortgage and the sale amount.
 
Tripp said:
forcing a sale would be a great option, spiteful but great
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I'm not sure it would even be spiteful... When you got into the joint mortgage it was on the understanding that there was a high level of trust between you. She has broken that agreement completely and you own 50% of the house.

If it is possible, force a sale - she will get 50%, you will get 50%. I think that even if these kind of splits are acrimonious, one of the only ways to stop it from rumbling on forever is to be completely and clinically fair.
 
You can't have your name taken off the mortgage, your ex can buy you out, or you can sell it on. Simply put, she probably doesn't pass the requirements for the mortgage to be put fully in her name.

I'm not quite clear if its a joint mortgage or not - you say she puts the money into your account and so it sounds to me like it isn't.

If you solely own it, send her notice of a month to move out, and then either stick it on the market, or you could always rent it out if you can afford the expense of the house, as having the property is obviously a good thing (if the rent covers the mortgage).

You certainly don't owe her any favours.
 
jamief said:
AFAIK you cannot just "take your name off the account" - this would require a remortgage in his girlfriends name and would require going through the appropriate procedure.

Its akin to the myth that you can "hand the keys back" to the bank - you cannot. You are liable for paying the mortgage until the property is sold, and once sold you are liable for any shortfall between the outstanding mortgage and the sale amount.
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+1

I've read a lot on moneysavingexpert and this is the advice from mortgage advisors on there when the threads on breaking up pop up in the mortgage section.

Plus, if you stop paying it will affect your credit rating for 6 years from the last default.
 
platypus said:
You can't have your name taken off the mortgage, your ex can buy you out, or you can sell it on. Simply put, she probably doesn't pass the requirements for the mortgage to be put fully in her name.

I'm not quite clear if its a joint mortgage or not - you say she puts the money into your account and so it sounds to me like it isn't.

If you solely own it, send her notice of a month to move out, and then either stick it on the market, or you could always rent it out if you can afford the expense of the house, as having the property is obviously a good thing (if the rent covers the mortgage).

You certainly don't owe her any favours.
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I think it is a joint mortgage. Just because it comes from his account doesn't mean it isn't in both names. A lot of my friends (even some married ones) have separate bank accounts.
 
Seems odd to me, is all, that a mortgage would come out of a single account. Surely a joint mortgage account would add more security, and doesn't preclude having separate bank accounts.

Any road, forcing a sale still applies. Rinse the *****.
 
The belongings left in the house were left by my own good will along with a couple of old sofas and a bed I have no future use for or place to store. I could have been very nasty and taken the lost so she had nowhere to sit or sleep but I wasn't expecting her to just stick around, silly of me really but I suppose I'm too trusting and that's how I ended up in this mess in the first place.

Can she afford the mortgage on her own? I doubt it. She's a mental health support worker earning ~£16k before overtime and is applying to take over a ~76k mortgage. They have responded to her asking for her very latest pay slip on top of what she's already sent but I don't know what to read in to that. They did the same when we first applied but they've taken that long it might just be normal procedure given the time its taken.

I moved out becasue I hate the place, this wasn't the first time she cheated as she cheated not long after we moved in but I did what I could to make it work, it obviously didn't and there's a long winded tale about that one too. There's no value in the house and we've only paid a very small amout in the 3 years we've been there. I stand to gain more by not having the mortgage to pay at all so I'm happy for her to take it and leave her out of my life.

I think the general consensus is going to be a solisitor as I knew really. I'll try the CAB in the mean time as there's no harm in that and I'll be asking the Building Society where they are up to.

EDIT: The mortgage is a joint one and the only option was to take it out of one account and we didn't have a joint account at the time and never bothered. In a way I'm glad we didn't have one.
 
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Sounds like you're better off without her!

From the figures you give she wants a x4 mortgage which she'll be lucky to get in this climate with a spotless credit record. If the BS wont put the mortgage in her name you'll have to force a sale, obviously if it sells for less than the mortgage value then you both will have to make up the shortfall.
 
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